Skip to code content (skip section selection)
Compare to:

You are viewing an archived code

Loading...
   59-D-1.62. Approval-P-D zone.
In the P-D zone, the affirmative vote of at least 6 members of the district council is required for the adoption of a resolution granting a planned development zone with a density category higher than that which is indicated on the applicable master plan.
   59-D-1.63. Format of plan for district council approval.
Prior to the close of the record, the applicant must submit to the office of the zoning and administrative hearings a final land use plan and development program incorporating all amendments to the plan and program submitted by the applicant and recommended for approval by the planning board in accord with the development plan amendment provisions of subsections 59-D-1.71, 59-D-1.72 and 59-D-1.73, below. This is the development plan that the district council must approve, disapprove or remand for further consideration. The plan must include, preferably in a single sheet:
   (1)   A delineation, at the same scale as the initial plan submitted with the application, of the final land use plan as prescribed by either paragraph 59-D-1.3(c) or (f), above, or the schematic development plan within the optional method of application as prescribed by subsection 59-H-2.53, whichever is applicable.
   (2)   The development program specified by paragraph 59-D-1.3(d) and (e), above, or paragraph 59-H-2.53(b), whichever is applicable.
   (3)   Any and all textual stipulations.
   59-D-1.64. Certification and filing of approved development plan.
   (a)   The provisions of this section apply to diagrammatic plans submitted under the provisions of Division D-4 and to schematic development plans submitted under the provisions of section 59-H-2.5, title "Contents of Optional Method of Application-Local Map Amendments," as well as to required development plans subject to the requirements of sections 59-D-1.2 through 59-D-1.5, above.
   (b)   Within 10 days after approval of the zoning application and development plan and prior to submittal of any subdivision or site plan, the applicant must submit to the office of zoning and administrative hearings a reproducible original and 3 copies of the development plan approved by the district council.
   (c)   The hearing examiner must certify by signature on the face of the reproducible original and each of the 2 copies of the plan that the plan is the same as the development plan approved by the district council when granting the zoning application or approving the development plan amendment.
   (d)   One certified copy of the plan must be retained in the official zoning files maintained by the office of zoning and administrative hearings.
   (e)   The certified reproducible original and one certified copy must be transmitted to the planning board; this certified copy must be retained in the planning board's zoning file.
   (f)   The planning board must maintain a secure file of the certified reproducible originals of all approved development plans. Copies of the certified original must be filed with the subsequent preliminary plan of subdivision and site plan, respectively, when these are submitted. Copies of a certified original must also be supplied to the public on request and for an appropriate fee established by the planning board.
   (g)   The third certified copy must be transmitted to the applicant.
(Legislative History: Ord. No. 10-45, § 3; Ord. No. 11-7, § 2; Ord. No. 11-87, § 1; Ord. No. 12-15, § 1; Ord. No. 12-69, § 3; Ord. No. 12-84, § 3; Ord. No. 15-36, § 1; Ord. No. 15-49, § 1; Ord. No. 16-28, § 1; Ord. No. 16-32, § 1; Ord. No. 16-46, § 10.)
   Editor’s note—Section 59-D-1.6 is cited and quoted in Manian v. County Council for Montgomery County, 171 Md. App. 38, 908 A.2d 665 (2006). 
Sec. 59-D-1.7. Amendment of a development plan.
The provisions of this section apply to diagrammatic plans submitted under the provisions of Division D-4 and to schematic development plans submitted under the provisions of section 59-H-2.5, title "Contents of Optional Method of Application-Local Map Amendments," as well as to required development plans subject to the requirements of sections 59-D-1.2 through 59-D-1.6, above.
   59-D-1.71. Prior to review by planning board.
The applicant may file an amendment to a development plan with the hearing examiner and the planning board at any time prior to review by the planning board.
Loading...